Gun violence restraining order: petition.

Existing law authorizes an immediate family member of a person or a law enforcement officer to request that a court, after notice and a hearing, issue a gun violence restraining order against that person. Under existing law, the petitioner has the burden of proving, by clear and convincing evidence, that the subject of the petition poses a significant danger of causing personal injury and that the order is necessary to prevent personal injury, as specified. Under existing law, the restraining order prohibits the subject of the petition from having in their custody or control, or owning, purchasing, possessing, or receiving, a firearm or ammunition for a duration of one year, subject to earlier termination or renewal by the court. Existing law requires the Judicial Council to prescribe the form of the petitions and orders and any other documents, and to promulgate any rules of court, necessary to implement those provisions. This bill would, commencing September 1, 2020, authorize the subject of the petition to file a form with the court relinquishing the subject's firearm rights and stating that the subject is not contesting the petition. If the subject files that form, the bill would require the court to issue a gun violence restraining order, as specified, and to provide notice of the order to all parties. The bill would make conforming changes. The bill would require the clerk of the court to enter the relinquishment of firearm rights form directly into the California Restraining and Protective Order System. If the court is unable to provide this notification to the department by electronic transmission, the bill would require the court to transmit a copy of the form to a local law enforcement agency, which would be required to submit the form directly into the system, as specified. By requiring local law enforcement agencies to submit the form into the system, the bill would impose a state-mandated local program. This bill would incorporate changes to Section 18175 of the Penal Code proposed by AB 12 to be operative only if this bill and AB 12 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.